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200608511
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9/22/2006 3:33:54 PM
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9/22/2006 3:30:18 PM
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200608511
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<br />.... <br /> <br />200608511 <br /> <br />AFFIDAVIT: CERTIFICATION OF TRUST <br /> <br />STATE OF NEBRASKA <br /> <br />) <br />) ss. <br />) <br /> <br />COUNTY OF DOUGLAS <br /> <br />I, JACK M. LINGEMAN, have executed a Revocable Trust to be <br />known as the JACK M. LINGEMAN REVOCABLE TRUST, dated May 12, <br />1989, hereinafter referred to as the "Trust". The terms of the <br />Trust provide for the following: <br /> <br />1. The Trustee and the successor to the Trustee of the <br />aforesaid trust are as follows: <br /> <br />(a) As long as I am living and not incapacitated, I shall <br />act as Trustee of the Trust. <br /> <br />(b) Upon my death or in the event one (1) physician <br />certifies in writing that, in such physician's opinion, <br />I am incapacitated and therefore unable to properly <br />administer the Trust, then the Successor Trustee shall <br />be VELMA L. LINGEMAN, if living and able and willing to <br />serve as Successor Trustee; provided, should VELMA L. <br />LINGEMAN not be living or able and willing to serve as <br />Successor Trustee or in the event one (1) physician <br />states in writing that, in such physician's opinion, <br />said Successor Trustee is unable to properly administer <br />the Trust, then THOMAS M. LINGEMAN and PATRICIA A. <br />NOAKES shall be the successor Co-Trustees; provided, <br />should either THOMAS M. LINGEMAN or PATRICIA A. NOAKES <br />be unable or unwilling to serve as successor Co- <br />Trustee, the remaining designated successor Co-Trustee <br />shall serve as sole successor Trustee. <br /> <br />2. The Trustees set out in Paragraph 1 above have the <br />authority to exercise all powers and discretions in the Trust <br />instrument and is vested with all the powers set out in the <br />Nebraska Trustee Powers Act, as the same may be amended from time <br />to time, and all other powersl:onierred upon Trustees by the laws <br />of the State of Nebraska and of any state in which I may own real <br />estate, including, without limitation thereby, the power to sell, <br />transfer, assign and otherwise dispose of any asset, real or <br />personal, held in trust and to borrow money and pledge or <br />mortgage any trust assets as security therefor. <br /> <br />3. Any party dealing with the Trustee is entitled to rely <br />upon this certification of Trustee's Powers and shall be under no <br />duty to investigate or inquire into any of the Trustee's powers <br />with respect to dealing with Trust property or on behalf of the <br />Trust. Any party relying upon this Certification of Trustee's <br />Powers is hereby indemnified by the Grantor, the Trust and the <br />beneficiaries against any and all harm or any loss, including <br />
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